SHIVA SHANKAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present batch of four appeals arises out of an order passed by the learned Additional District and Sessions Judge-cum-Authorised Officer, Patna, on 17.3.2011 under Section 15 of the Bihar Special Courts Act, 2009, in connection with Special Case No. 3 of 2010 arising out of Special Vigilance Unit Case No. 2 of 2007 under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 by which the learned Authorised Officer directed the assets belonging to appellant Shivashankar Verma worth Rs. 1,43,96,265/- be confiscated to the State of Bihar. It was further directed that appellant Shivashankar Verma surrender or deliver possession of the assets shown in paragraph 24 of Annexure- IV appearing at serial nos. 1 to 13 to the District Magistrate, Patna who was to take possession of all the movable and immovable assets within thirty days from the date of the service of the order, failing which the District Magistrate, Patna or the Authorised Officer was to take possession by taking all coercive steps in view of the provision contained in Section 18(2) of the Bihar Special Courts Act, 2009.

(2.) THE two appellants of Cr. Appeal No. 507 of 2011, namely, Shivashankar Verma and Smt. Usha Verma, are spouses, Shivashankar Verma on the relevant date being the Secretary, Department of Minor Irrigation, Govt. of Bihar, Patna. THE appellant in Cr. Appeal No.546 of 2011 Dr. Upendra Prasad Singh has been held to be an abettor by attempting to conceal the property relating to Khata No. 2, Plot No. 96, Phulwari, Alipur. Appellant Ram Pal Verma alias Ram Pal (appellant in Cr. Appeal No. 550 of 2011) is the father of appellant Shivshankar Verma whereas appellants Shyam Lal Singh, Chandra Pal Singh and Krishna Pal Singh are the father-in-law and brothers-in-law of appellant Shivashankar Verma. Appellant No. 4 Smt.Suman Verma alias Suman Lata Verma is the sister of appellant Smt.Usha Verma, and they have equally been arrayed as persons who connived with the appellant Shivashankar Verma in concealing the assets earned by him which was disproportionate to his known sources of income in various ways, as may appear from the discussions likely to be made by me while considering the four appeals. Thus, what is admitted is that except appellant Dr. Upendra Prasad Singh, the solitary appellant in Cr. Appeal No.546 of 2011, all the appellants are related to each other either by blood or by marriage.

(3.) THE State of Bihar stated, which does not appear denied, that appellant Ram Pal Verma was originally resident of Village Sehajadpur and he was the son of late Ram Sevak Verma who had three other sons also. Ram Sevak Verma, the father of appellant Ram Pal Verma, had got property from his maternal side at Garha and that property was given to appellant Ram Pal Verma while the property which was located at Village Sehjadpur was shared by other three brothers of appellant Ram Pal Verma.